The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-01-28

which / found in the George Brown
specifications, which were earlier In
point OF time. Afterward 1t became
necessary TO put q certified copy Of the
original Bell specification 10 evidence
as an exhibit in the Dowd case and /
put in this pencil marked and note
inierlined copy without thinking to
erase the pencil marks. The COM
positor set it up aud 1t wss
printed exactly in the shape in
which it stood, pencil marks and
all, the penciled variations taken
from the George Brown copy being
put In brackets or otherwise disposed
of, according to the printers discretion.
A document thus stands in the record
of the DJwd case, which has been in.
corpor2ted in the record Of one OF the
other cases. ], therefore, made myself,
and for my own convenience, these
changes, determinations and interpola-
tions in this document, which have
been used by counsel on the other
side to support the charge OF fraud
The original specifications now on file
in the Patent Office are the same
which have always been there, and
as Your Honors will see from a certi-
fed Photographic copy which now
submit, there are no changes or inter-
lineations in them. This announce
ment produced sensation in the
courtroom, and there was buzz of
laughter and comment which caused
the assistant marshal to r p his gavel.
Mr.. Sorrow then said that the Clerk
OF the United States Circuit Court for
the district Of Mass achuset5 was pres-
ent with the original document in
question, and that he should ask that
officer to pretent it to this c1ult as
proof OF his a,ements and to show
that the interlineations we're in pencil
and in bis (Mr. Storrow's) hand
writing.
Mr.. Stonow wss interrupted at this
point by the Chief Justice, who said
that he thought all this was insdmis-
ible; that it was bringing into this
court something which did not appear
Ia the records, and that this court
could not examine Witnesses nor hear
evidence.
Mr.. Jul ce Bradley agreed with the
view taken by the Chief Justice, and
said that il counsel for the Bell Com
pany even week az when this charge
Of fraud was brought, bal ade sppli-
cGtion to the cou t, some way might
have been devised to bring up the issue
in a proper manner, bu. that it was
clearly irregular and improper to bring
IL 10 in this way.
Mr.. Stonow said he held in his
hand a stipulation ntsred into by
counsel for botn sides that if this
court 30 desired it might call for and
examine any of the original docu-
ments in the court below or the orig
insl Bsll specifications to verify the
accuracy Of alleged copies. The
stipulation and accompanying letter
were handed to the Chief Justice, who
read them aloud. This stipulation
had been entered into long before and
without any reference to such an ap-
plication Of it as this, but it proved TO
be nothing elss but critical moment
to enable the Bell counsel to get the
pencil interlined document which was
go important pant Of their case into
the hands OF the court.
The Chief Justice asked Mr.. Hill il
he understood the stipulation as did
Mr.. Storrow. Mr.. Hill replied that he
did not. The Justices, however, after
a few moments consultation, decided
that the stipulation was Sufficient to
authorizs the court 10 call for the doc.
ument, and the Chief Justice directed
Mr.. Stetsou, the gray haired clerk Of
the Massachusetts Circuit Court, to
present IL. Amid profound silence
Mr.. Stetson advanced, undid a brown
papsr package and handed bulky
document 10 Chief Justice Waite. AS
it was being passed from one justice
to another, Mr.. Storrow attempted to
make further explanation of it, but
was stopped by the Chief Justice, who
said that the court would examine and
make comparisons for itself.